S.A.MANAN, J- This constitutional petition is directed against the order dated 25.6.1987, by which Additional Deputy Commissioner (General) restored the application of the respondents dismissed in default.
2. Briefly, the facts of the case are that the disputed land was cancelled by order 31.10.1977, of the Settlement Authorities, from the name of the original allottee, whereupon W.P.No. 1059-R of 1978 was filed and the case was remanded by order dated 20.1.1986 of this Court after hearing the parties. After remand the application of the respondents/informers was dismissed in default on 3rd of January, 1987 when no one appeared in the case. The respondents filed application for the restoration of their application and the same was accepted by order dated 25.6.1987 of the A.D.C.
(G)/Deputy Settlement Commissioner Gujranwala which order is impugned in this writ petition.
3. The learned counsel for the petitioners assails the impugned order firstly on the ground that no opportunity was afforded to the petitioners and secondly the application for restoration was barred by time.
4. I have heard the learned counsel for the petitioners and find no force, in any one of the contentions. As to the first plea, it is evidently clear that the petitioners were not present at the the when the application of the respondents was dismissed in default. The Deputy Settlement Commissioner, therefore, was fully competent in law to restore the same without notice to the petitioners. This being the case the second contention of the petitioners also falls to the ground.
However, the respondents stated in the application for the restoration that they had instructed their counsel to prosecute the case but he failed to do so. From this it is evidently dear that the respondents had no notice of the date when the Mukhbari application was dismissed in default.
Law favours adjudication on merits and on the facts and circumstances of the case I am of the opinion that the impugned order dated 25.6.1987 does not suffer from any jurisdictional error or legal infirmities.
Resultantly the writ petition is dismissed in limine.